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PRESIDENTIAL DECREE NO. 1427
PRESIDENTIAL DECREE NO. 1427 -
CONVERTING THE ZAMBOANGA STATE COLLEGE INTO THE WESTERN MINDANAO STATE
UNIVERSITY, DEFINING ITS POWERS, FUNCTIONS, AND DUTIES AND
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
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WHEREAS,
the Constitution of the Philippines directs the State to establish and
maintain a complete, adequate, and integrated system of education
relevant to the goals of national development and prescribes that all
educational institutions shallm to develop scientific, technological
and vocational efficiency;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 6-A otherwise known as the
Educational Development Decree of 1972, promulgated on September 29,
1972, it had been declared a policy of the government to reorient the
educational system toward an accelerated national economic growth and
meaningful social development;chanroblesvirtualawlibrary
WHEREAS, the Western Mindanao Region, comprising the provinces of Sulu,
Tawi-Tawi, Basilan Province, Zamboanga del Norte, and Zamboanga del Sur
and the cities of Dapitan, Dipolog, and Pagadian and Zamboanga, is
endowed with natural resources the exploitation, utilization, and
conservation of which will certainly accelerate its development,
thereby contributing immensely to the economic growth of the region, in
particular, and of the country, in general;chanroblesvirtualawlibrary
WHEREAS, an adequate system of public education at the tertiary level
is believed to be an effective instrument of the New Society in
facilitating the socio- economic upliftment of the people in Western
Mindanao and in effecting a more equitable sharing of the country's
wealth and income that will ultimately make them productive,
progressive, and dignified citizens;chanroblesvirtualawlibrary
WHEREAS, the establishment of the Western Mindanao State University
will, likewise, relieve the city of Manila from congestion and other
concomitant problem arising from over-population, such as housing,
sanitation, transportation, and peace and order; chanroblesvirtualawlibrary
WHEREAS, the establishment of the Western Mindanao State University
will, in the ultimate analysis, serve as an instrument for the
promotion of the socio- economic advancement of the various cultural
communities inhabiting therein.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Conversion and Establishment. — There is
hereby converted the Zamboanga State College into the Western Mindanao
State University (WMSU), a university to serve Western Mindanao region,
herein referred to in this Decree as the University.
Section 2. Composition of the University. — The
University shall be composed of the presently existing academic
departments and institutes, administrative and supportive units, and
external units of the Zamboanga State College. The academic departments
and institutes shall be organized and renamed as follows: The Graduate
Department shall become the Graduate School; the Institute of Arts and
Sciences shall become the College of Arts and Sciences, College of
Forestry, and College of Social Work; the Institute of Education,
including the High School Department and the Laboratory School shall
become the College of Education; the Institute of Nursing shall be the
College of Nursing; the Institute of Engineering as the College of
Engineering and Technology; the external studies at Dipolog City;
Tawi-Tawi, and Sulu shall become the External Unit at Zamboanga del
Norte, External Unit at Tawi-Tawi, and External Unit at Sulu
respectively. A College of Agriculture, a College of Medicine; an
External Unit at Zamboanga del Sur and an External Unit at Basilan
Province and other new colleges, departments, or units may later be
organized to become part of the University.
Section 3. Purpose. — The main purpose of the
University is to provide the necessary leadership in professional and
technical instruction in the arts, sciences, and technology in line
with the goals for national and regional development. The University
shall offer undergraduate and graduate courses in the arts and
sciences, education, medical sciences, agriculture and forestry,
engineering and technology, and other courses necessary to meet the
needs for trained manpower for the region. It shall promote research in
the various disciplines and fields of specialization for the
advancement of knowledge and for the socio-economic and cultural
development of the region.
Section 4. Powers of the University. — The following
are the powers of the University:cralaw:red
(a) It shall have the general powers as set forth in
Section Thirteen of Act numbered Fourteen Hundred Fifty-nine, as
amended. The exercise of its corporate powers are hereby vested
exclusively in the Board of Regents and in the President of the
University in so far as authorized by the Board. chanroblesvirtualawlibrary
(b) It shall have the power to acquire public lands,
real estate for its expansion and/or beneficial use; and to purchase
motor vehicles, conveyances, and other facilities and equipment
necessary for the operation of the University.
Section 5. The Governing Board. — (a) Composition —
The government of Western Mindanao State University is vested in a
Board of Regents which shall be composed of seven members, three of
which are regular members and four are ex-officio members. The three
regular members must be Filipino citizens and residents of the
Philippines one of whom shall be the President of the University Alumni
Association and two from the private sector who are appointed by the
President of the Philippines, one of whom shall be well-known educator
who belongs to a cultural minority in the region and the other shall be
a successful businessman or industrialist or any other successful
professional in the region. The four ex-officio members shall be the
Secretary of Education and Culture, as Chairman, the Regional
Commissioner for Region IX, the Executive Director of the NEDA for
Region IX, and the President of the University. The regular members of
the Board shall serve a term of four years. In case of a vacancy in the
regular membership of the Board, the President of the Philippines
shall, upon recommendation of the Board of Regents, appoint a new
member to serve for the unexpired term only.
The regular members of the Board shall each receive for every meeting
actually a per diem of One Hundred Pesos: Provided, That in no case
shall the total amount received by each exceed Two Hundred Pesos for
any one month. Besides the per diem, they, together with the ex-officio
members, shall be reimbursed for actual but necessary expenses incurred
in attendance upon meetings of the Board or upon performing other
official business authorized by resolution of the Board.
(b) Quorum. — A quorum of the Board of Regents shall
consists of a majority of all the members holding office at the time
the meeting of the Board is called. All processes against the Board of
Regents shall be served on the Chairman or secretary thereof.
(c) Powers and Duties of the Board. — The Board of
Regents shall have the following powers and duties in addition to its
general powers of administration and the exercise of the powers of the
corporation:cralaw:red
(1) To determine and fix the dates and time of their
regular meetings, as well as special meetings as the need for same may
arise: Provided, That all such meetings shall not be more than twice in
any month, no less than once in any one quarter.
(2) To recommend the President of the University for
appointment by the President of the Philippines, and who shall serve
for a period of six years, subject to reappointment provided that his
term of office shall not extend beyond age 65. chanroblesvirtualawlibrary
(3) To fix the compensation of the President of the
University subject to pertinent budget and compensation laws, rules and
regulations.
(4) To provide and appropriate to the ends specified
by law such sums as may be provided by law for the support of the
University.
(5) To provide for the establishment of colleges and
schools as it may deem necessary.
(6) To receive in trust legacies, gifts, and
donations of real estate and personal property of all kinds and to
administer the same for the benefit of the University or of a
department thereof, of for and to any student or students in accordance
with the direction or instruction of the donor, and or in default
thereof, in such manner as the Board may in its discretion
determine. chanroblesvirtualawlibrary
(7) To appoint, on the recommendation of the
President of the University, vice presidents, directors, deans,
secretary of the University, professor, lecturers, instructors,
registrars, department heads, division chiefs, and other employees of
the University; to fix their compensation, hours of service, and such
other duties and conditions as it may deem proper, subject to pertinent
budget and compensation laws, rules and regulations; to grant to them,
in its discretion, leave of absence under such regulations as it may
promulgate; and to remove them for cause after an investigation and
hearing shall have been had.
(8) To approve the courses of study and rules of
discipline drawn by the University Council; to fix the required tuition
fees, matriculation fees, fees for laboratory courses, graduation fees,
and all special fees; to reappropriate and utilize the same for the
operation of the University and to utilize annual appropriations and
other incomes for the maintenance of the University. chanroblesvirtualawlibrary
(9) To provide fellowships to qualified faculty
members and scholarship to deserving students.
(10) To establish chairs in the colleges of the
University, and to provide for the maintenance and endowment of such
chairs, as well as to provide for such other professors, assistant
professors, instructors, tutors, and lecturers as the progress of
instruction may make necessary, and to fix the compensation pertaining
to such positions.
(11) To confer the usual honorary degrees upon
persons other than graduates of the University in recognition of
learning, statemanship or eminence in literature, science, or arts:
Provided, That such degrees shall not be conferred in consideration of
the payment of money or other valuable consideration; and chanroblesvirtualawlibrary
(12) To file with the President of the Philippines a
detailed report, setting forth the progress, conditions, and needs of
the University or before the fifteenth day of September each year.
Section 6. The Administration. — The administration
of the University shall be vested in the President of the University
who shall render full-time service. The University President shall be
appointed by the President of the Philippines. He shall be assisted by
a Vice President for Academic Affairs and Vice President for
Administrative Affairs who shall be appointed by the Board of Regents
upon recommendation of the President of the University.
Section 7. Powers of the President. — The powers and
duties of the President of the University, in addition to those usually
pertaining to the office of the President of the University which are
not inconsistent with the provisions of law, are as follows:cralaw:red
(a) To recommend to the Board of Regents for
appointment, vice-presidents, directors, deans, secretary of the
University, registrars, department heads, directors, chiefs,
professors, instructors, lecturers, and other employees of
the University.
(b) To promulgate for the government of the
University such general ordinance and regulations, not contrary to law,
as are consistent with the purpose of the University.
(c) To call for special meetings of the Board of
Regents when need arises.
Section 8. The Secretary of the University. — The
Board of Regents shall appoint a secretary who shall serve as such for
both the Board and the University, and shall keep such records of the
University as may be designated by the Board and the President of the
University. chanroblesvirtualawlibrary
Section 9. The University Council. — There shall be a
University Council, consisting of the President of the University and
of all the members of the faculty of the University holding the ranks
of professor, associate professor, and assistant professor. Subject to
existing laws, the Council shall have the power to prescribe the
courses of study and rules of discipline, provided these matters are
first approved by the Board of Regents. Subject to the same
limitations, it shall fix the requirements for admission to any college
or school of the University as well as for graduation and conferment of
degrees. Through the President or Executive Committee, it shall have
the disciplinary power over the students within the limits prescribed
by the rules of discipline approved by the Board of Regents. The
Executive Committee, composed of the deans and directors of colleges
and schools, acts in an advisory capacity to the President of the
University in all matters pertaining to his office for which he seeks
advice.
Section 10. The University Planning Center. — There
shall be a planning center composed of a director, and committees on
curriculum, studentry, staff development recruitment, and utilization,
university plant, and external affairs. The director, chairman, and
members of the committees of the University Planning Center shall be
appointed by the President of the University. It shall be the
responsibility of the Center to assist the President of the University
in planning for the expansion, growth, development, and the proper
management and operation of the University consistent with the over-all
scheme of national development and the educational demands of the
present time.
Section 11. The University Research Center. — There
shall be a University Research Center which shall be the coordinating
body to integrate the research activities of the different academic
units and faculty and to plan research program arising from the needs
of the University. The Center may act to coordinate with local and
national agencies engaged in research projects that will meet the needs
and objectives envisioned in the New Society.
The University Research Council, composed of the Vice-President for
Academic Affairs as ex-officio Chairman with the Dean of the University
Research Center and Deans of the different Colleges/Schools as members,
formulate and recommends to the President the policies and guidelines
for research coordination and such rules as may be necessary to achieve
a more integrated and effective research program.
The University Research Center shall be headed by a Dean who shall be
appointed by the Board of Trustees upon recommendation of the President
of the University. He implements the policies and rules pertaining to
research approved by the President of the University. He has overall
responsibility, supervision, and control with corresponding authority
of all activities and personnel of the Center. He shall be assisted by
the chiefs and other personnel of the different divisions of the
University Research Center. chanroblesvirtualawlibrary
Section 12. The Officers of Administration. — The
Officers of Administration of the University are the President, the
Vice-President for Academic Affairs and Vice- President for
Administrative Affairs, the Deans of the different colleges, the
Secretary of the University, the Director of Administrative Affairs,
Dean of the University Research Center, Dean of Extension Services,
Dean of External Studies, the Dean of Admissions and the Dean of
Student Affairs.
Section 13. The Faculty and Other personnel of the
University. — The body of professors and instructors of each college
shall constitute its faculty and as presiding officer of each faculty
shall be a college dean appointed by the Board of Regents on nomination
by the President of the University. In the appointment of professors,
instructors, and other personnel of the University, no religious tests
shall be required nor shall their religious inquiry: Provided, however,
That no professor or instructor or any personnel in the university,
shall inculcate sectarian tenets in any of the teachings, nor attempt,
directly or indirectly, under penalty of dismissal by the Board of
Regents, to influence students at attendance at the University for or
against any particular church or religious sect. The University shall
enjoy academic freedom. The faculty and other personnel of the
Zamboanga State College shall be absorbed as employees of the Western
Mindanao State University without reduction in position, rank, or
salary.
Section 14. Civil Service Requirements. — The
President, professors, and instructors of the University shall be
exempt from any civil service examination or regulation as a requisite
to appointment. However, they shall be entitled to the privileges and
rights of security of tenure, promotion in position and salaries for
meritorious service, sabbatical leave, leaves and retirement benefits,
as to the government service as now provided for by law.
Section 15. The Auditor of the University. — The
Auditor General of the Philippines shall be ex-officio Auditor of the
University and shall designate his representative who must hold regular
office in the University to be able to perform, his duties efficiently
and satisfactorily as a regular official of the University.
Section 16. The Board of Visitors of the University.
— The President of the Republic of the Philippines, the first Lady of
the Philippines, the Secretary of Education and Culture, and the
Regional Commissioner for Western Mindanao shall constitute a board of
visitors of the University whose duty is to attend commencement
exercise of the University, to make visits at such other times as they
may deem proper, to examine the property, look into the state of
finances of the University, to inspect all books of accounts of the
institution and to report and make recommendations to the President of
the Philippines.
Section 17. Appropriations. — (a) The appropriation
of the Zamboanga State College at the time of its conversion shall be
transferred to the Western Mindanao State University. Thereafter, funds
for the maintenance of the University shall be included in the Annual
Budget of the National Government, the total sum of which shall be
recommended by the Board of Regents of the University.
(b) All public works appropriations earmarked for the
Zamboanga State College are hereby transferred to the University:
Provided, further, That such appropriations shall continuously be
allotted to the University and included in the Public Works Decree.
Section 18. Property of the University. — The assets,
fixed and movable, and records of the Zamboanga State College are
hereby transferred to the Western Mindanao State University. The area
of twenty or more hectares in San Ramon, Zamboanga City, administered
by the Philippine Coconut Authority is hereby transferred to the
Western Mindanao State University to be used as the site for the
College of Agriculture.
Section 19. General Provisions. — (a) The Secretary
of Education and Culture is hereby directed to take such steps as are
necessary for the immediate implementation of this Decree.
(b) All laws, decrees, orders, rules and regulations
inconsistent with this Decree are hereby repealed, modified or amended
accordingly.
Section 20. This Decree shall take effect immediately.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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